Use our interactive web page to learn how you encounter IP in everyday life

Every day you come into contact with products that have protected intellectual property (IP). Whether it is your brand of bread, or the armchair you sit in, the car you drive, or the shoes you wear. IP is everywhere.

Commercialising your IP is the process you undertake to get your products or services into the market place, including how to commercialise internationally, licensing, and commercialising indigenous business.

eServices is a secure, reliable and convenient way to access a range of IP Australia's transactions and services. With eServices, you can apply for an IP right or make a payment to renew your IP right.

A patent is a right granted for any device, substance, method or process that is new, inventive and useful. Find out more on the application process, time and costs, searching for a patent and how to apply.

A trade mark is a right that is granted for a logo, picture, letter, number, word, phrase, sound, smell and/or aspect of packaging. Find out more on the application process, time and costs, searching for a trade mark and how to apply.

A design refers to the features of shape, configuration, pattern or ornamentation that gives a product a unique appearance. Find out more on the application process, time and costs, searching for a design and how to apply.

Plant Breeder's Right (PBR) are used to protect new varieties of plants that are distinguishable, uniform and stable. Find out more on the application process, time and costs, searching for a PBR and how to apply.

The four IP rights areas administered by IP Australia are not the only types of IP available. Your product may require protection under copyright, circuit layout rights, confidentiality and/or trade secrets.

We are aware that customers have received invitations from companies offering services to help them protect their intellectual property (IP) rights in return for a fee. You should be wary of unsolicited or fraudulent IP protection, promotional or advertising services.

Before paying a fee for any IP related service, we recommend that you carefully consider what, if any, protection, promotion or other value the service will provide.

Time and costs

Application Timeframes

Trade marks generally take three to four months to examine from the day they are filed.

If you believe that you will be seriously disadvantaged because of the time taken between filing and examination, you can request that your application be examined sooner. There are no fees associated with lodging an application to expedite your application. However, it must be accompanied by a witnessed declaration detailing the reasons for your request.declaration detailing the reasons for your request.

Meeting requirements

The Trade Marks Act 1995 allows you 15 months from the date of the examiner's first report to meet any requirements identified by the examiner and to have your application accepted by the registrar.

If you need more time you can request and pay for an extension of time. From 15 to 21 months, you can be granted an extension on payment of the appropriate fee, if your request is made before the date specified in the examiner's report.

If you wish to make a late request or a request for an extension beyond 21 months, you must accompany it with the appropriate fee and make the request on specific grounds. You also need to provide a witnessed declaration supporting the grounds which explain the reasons why you need more time.

Not all late requests or requests for an extension beyond 21 months are accepted and fees are not refundable.

If your trade mark application is not accepted and it runs out of time, it will lapse.

Registration

The registration fee must be paid no later than six months from the date acceptance is advertised.

We will record the details of your trade mark in the Register of Trade Marks, then send you a certificate of registration. Your trade mark will be registered from the date you filed your application - not from the date it was examined or accepted.

The earliest date your trade mark can be registered is around seven and a half months after an application is filed. This fulfills our international obligations to allow six months for applicants to claim a priority date based on an overseas filing.

Renewal

The initial period of registration of your trade mark lasts for 10 years (calculated from the filing date).

You can renew the registration of your trade mark between 12 months before the renewal is due or up to 6 months after its expiry date. Additional fees apply if the registration is renewed after the expiry date.

We will send you a renewal reminder notice to the address for service recorded on our database, advising the timeframes for renewal and how to make payment. It is important that you notify our office in writing, if you change your address for service otherwise you will not receive your reminder notice for renewal.

The registrar will renew your trade mark registration when all applicable fees are paid.

Please note that fees are subject to change. GST does not apply to these statutory fees under Division 81 of the GST Act 1999.

eServices is a secure, reliable and convenient way to access a range of IP Australia's transactions and services. With eServices, you can apply for an IP right or make a payment to renew your IP right.